An employer deciding how to respond to misconduct usually has more than one question to answer. There is the immediate question of what happened, but also whether the employee understood the expected standard, whether the behaviour can be corrected and whether the employment relationship can reasonably continue while that happens. Those questions become harder when the misconduct involves violence. I & D Management Services Ltd. v. Mercredi arose from an altercation at an isolated mine site in the Northwest Territories. The employee was an equipment operator. The other person involved was his supervisor. The employer ultimately dismissed him for cause, which meant the dispute wasn't simply about whether discipline was justified. It was about whether the incident was serious enough to end the relationship without the termination pay that would otherwise have been available under employment standards legislation. That distinction is what makes the case interesting. The altercation and what followed The incident involved more than an argument that became heated. Witnesses described the employee pushing his supervisor 3 times, with coworkers eventually intervening.
This is a preview. Full access remains subject to the reading allowance or membership.